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House Sale

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  • House Sale


    Hi

    Please help.

    My divorce was finalised in 2018 - consent order with house sale 50-50.

    My ex-wife moved to Greece - but then again she might not be there and somewere else - I don't know!

    I do not know her whereabouts - no phone number - I know her email address but whether she checks that or not, I am not sure.

    The agreement was for me to pay for the mortgage and although house should have been sold by now, it didn't because neither of us ever spoke about it.

    I would like to sell the house now but I don't know where my ex-wife is - I have written to her by email but no response.

    I really need to sell the house (forced sale) -

    What should I do? I don't have a lot of money to go to the lawyers but happy to go to court myself.

    Should I be filling in a form to get a forced house sale order? How do I tell court I am attempting to reach my ex but no response (only email though!)?


    Due to my own family urgency I ought to sell this house real fast - but can't since my ex is on the mortgage and the deeds!





















    Tags: None

  • #2
    Also just to add we are not on speaking terms....

    We don't have any mutual friends - I don't speak to her family (don't even know where they are anymore!) and they don't speak to mine.

    Makes the situation a lot difficult....I don't even know whether she is alive!!!

    Comment


    • #3
      Hi there, any chance of reply to this on what my next steps are?

      Comment


      • #4
        It would seem you will need to apply to the courts for an order to sell

        There is a discussion here about it: https://www.howellslegal.co.uk/news/...Order-for-Sale

        I believe you need to complete a Part 8 claim form for submission to the County Court. https://www.gov.uk/government/public...orm-cpr-part-8
        I think the court fee is around the £300 - £350 mark

        Assuming you are granted the order it will be : https://www.gov.uk/government/public...order-for-sale

        Comment


        • #5
          Thank you for that - but I don't know the Defendants address - what should I enter in this?


          "Defendantís name and address Enter in this box the full name and address of the defendant to be served with the claim form (i.e. one claim form for each defendant). If the defendant is to be served outside the European Economic Area, you may need to obtain the courtís permission"

          Comment


          • #6
            Unless I just include her address as my address - she is the co-owner of the property! although she doesn't live here.

            Comment


            • #7
              I would guess at stating "current address unknown" and "last known address 123 any road etc"
              Also add email address if known.

              Comment


              • #8
                Thanks.

                Comment


                • #9
                  Sorry just one other question - this applies to even enforcing a consent order from Divorce correct? i.e, the order was to sell the house and the proceeds spllit 50-50.

                  Comment


                  • #10
                    And also sorry I don't know what this part is in your post - https://www.gov.uk/government/public...order-for-sale? Is this what the judge provides once the application made using Form N208: Claim form (CPR Part 8) - GOV.UK (www.gov.uk)? Will there be a hearing?

                    Comment


                    • #11
                      If there is a consent order already made you need to apply on form D11 (https://assets.publishing.service.go..._0722_save.pdf) to enforce it.

                      Whatever way you go it will not be quick.

                      In your other post you talk about voluntary surrender ... just be aware you remain responsible for costs such as insurance until the property is sold, and you will be liable for the balance if the sale proceeds do not clear the mortgage.

                      I really think you should be looking for professional advice regarding your position
                      You might be able to obtain an initial free consultation, or if not a one off fixed price consultation just to see what options you have.

                      Comment

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